David Brown and Another v Mark Richardson and Another [electronic resource] opinion
David Brown and Another v Mark Richardson and Another opinion [electronic resource]
- 2007
LTS/TC/2006/41 8 May 2007. Concerned the renewal or variation of real burdens in a Feu Charter of 1888 which related to alterations or extensions to a terraced house. The respondents wished to erect an extension, for which they have planning permission. They invoked the "sunset rule" by executing a Notice of Termination under the Title Conditions (Scotland) Act 2003 S20. Their arguments included an assertion that the burdens were no longer enforceable. The case therefore also raised issues under S53 of the Act, as well as S90(1)(b)(i). "Held": The real burdens are enforceable under S53 of the Act, and the burdens should be varied to the extent of permitting the proposed development
DAVID BROWN AND ANOR V MARK RICHARDSON AND ANOR
TITLE CONDITIONS (SCOTLAND) ACT 2003 S20
TITLE CONDITIONS (SCOTLAND) ACT 2003 S53
Scotland--1999-
LTS/TC/2006/41 8 May 2007. Concerned the renewal or variation of real burdens in a Feu Charter of 1888 which related to alterations or extensions to a terraced house. The respondents wished to erect an extension, for which they have planning permission. They invoked the "sunset rule" by executing a Notice of Termination under the Title Conditions (Scotland) Act 2003 S20. Their arguments included an assertion that the burdens were no longer enforceable. The case therefore also raised issues under S53 of the Act, as well as S90(1)(b)(i). "Held": The real burdens are enforceable under S53 of the Act, and the burdens should be varied to the extent of permitting the proposed development
DAVID BROWN AND ANOR V MARK RICHARDSON AND ANOR
TITLE CONDITIONS (SCOTLAND) ACT 2003 S20
TITLE CONDITIONS (SCOTLAND) ACT 2003 S53
Scotland--1999-